UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

KILSON FLORES, also known as Kilson Elkins,

Petitioner,

v.

IMMIGRATION & NATURALIZATION SERVICE,

Respondent.

No. 99-9509

(INS No. A 27-653-117)

ORDER AND JUDGMENT*

Before BALDOCK, EBEL, and BRISCOE, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Petitioner moves for a stay of deportation pending petition for review.

This case is governed by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), enacted on September 30, 1996. Because petitioner's exclusion proceedings began before April 1, 1997, and the final order of exclusion was entered more than thirty days after IIRIRA's date of enactment, IIRIRA's transitional rules apply. See Berehe v. INS, 114 F.3d 159, 161 (10th Cir. 1997).

Petitioner was found excludable because she had no valid immigrant visa and because she had committed a controlled substance violation. "IIRIRA's transitional rules . . . clearly and unambiguously state that, 'there shall be no appeal permitted' in the case of an alien who is deportable by reason of committing one of the enumerated crimes" in IIRIRA § 309(c)(4)(G). Id. We lack jurisdiction to review the merits of whether petitioner is validly excludable. See id.

The petition for review and motion for stay are DISMISSED.

ENTERED FOR THE COURT

PER CURIAM